Ombudsman vows to block Napoles from being a state witness

MANILA — “I already stated that we don’t find her to be a candidate for a state witness. We will have the last say on whether or not we will recommend her to be a state witness.”

This has been the reaction of Ombudsman Conchita Carpio-Morales regarding the plan of the Department of Justice (DOJ) to make Janet Lim Napoles a state witness.

The Ombudsman assures that the prosecution will block any attempt to make her a state witness in the plunder and graft charges filed against those involved in the Priority Development Assistance Fund (PDAF) scam, also called the pork barrel scam.

Morales insists that Napoles remains the primary accused in the cases involving the anomalous use of the lawmakers’ PDAF.

“I’m not bothered at all. We are confident of opposition, so whatever they say let them say it. We are not bothered. We are not concerned at all by whatever they say about whether or not there is a pending agreement or modus vendee between Napoles and the DOJ,” she said.

The Ombudsman is confident that their investigation is sufficient and that it cannot be obliged to follow the findings of the DOJ.

“It’s up to them if they wish to reinvestigate but as I said we are not bound by any findings over cases over which the Ombudsman has the final authority to determine whether or not there is probable cause.”

Morales is unfazed by DOJ’s plan to reinvestigate the PDAF scam.

“I’m not bothered at all we are confident of opposition, so whatever they say let them say it.”

Meanwhile, Morales has confirmed that former budget secretary, Butch Abad, is one of the individuals being probed in connection with the said scandal.

It can be recalled that Napoles initially pointed at Abad as the one who taught her how to create fake non-government organizations where lawmakers could allocate their PDAF.

Aguirre notes that a citizen has the right to do what he thinks is right as long as it is in accordance with the law, but because DOJ has the authority to accept a person under the witness protection program, it will do whatever is necessary.

In a statement, Judge Martires stressed that what he had with Mangahas was never a formal interview but a brief, informal conversation while the journalist was being persistent, tailing him in the hallway of a hotel in Manila on Monday (December 9).

Martires said he was never informed by Mangahas that she was already interviewing him and worse, he was not informed that the journalist was already recording him.

Martires continued saying Mangahas showed an “unethical behavior” unbecoming of a veteran journalist and writer.

Martires insisted that while he recognizes the public’s right to access SALNs of public officials, he is mandated to protect their rights as well under the Implementing Rules and Regulations of Republic Act 6713.

In reaction to Martires’ claims, Mangahas posted on the website of the Philippine Center for Investigative Journalism (PCIJ) her side of the story.

“Ombudsman Martires knew that as a public official with expertise and mandate on the issues raised, he was speaking face-to-face with a journalist with a legitimate journalistic purpose, on a matter of public interest. The conversation occurred in a public space and even with the full knowledge and in full view of his own personnel from the Office of the Ombudsman,” the PCIJ Executive Director said.

“PCIJ respects the views of Ombudsman Martires on this matter but respectfully insists, too, that all he has to do now is release President Duterte’s SALN for 2018, pending the long-awaited issuance of his new guidelines, and consistent with the mandate of the Office of the Ombudsman as ‘the Protector of the People,’” she added.

MANILA, Philippines – Former Ombudsman Conchita Carpio-Morales and former Foreign Affairs Secretary Alberto del Rosario insisted that the International Criminal Court (ICC) did not reject the communication they filed against Chinese President Xi Jinping for Beijing’s actions in the West Philippine Sea.

This is after the ICC said in its report that it had no jurisdiction over the case.

In a report released Thursday, ICC Prosecutor Fatou Bensouda said the tribunal does not have jurisdiction over Morales and Del Rosario’s complaint against China’s alleged crimes against humanity in the West Philippine Sea.

The Court also found it does not have jurisdiction over the complaint as the accused are from China, which is not a state party to the Rome Statute – the treaty which formed the tribunal.

“The crimes referred to in the communication were allegedly committed by Chinese nationals in the territory of the Philippines. China is not a State Party to the Rome Statute. Accordingly, the Court lacks personal jurisdiction,” the report read.

On March 15, 2019, Morales and Del Rosario filed a communication before the ICC against Xi and other Chinese officials over China’s alleged “atrocious actions” in the West Philippine Sea.

They accused the Chinese executives of committing of crimes against humanity for purportedly damaging the resources at the disputed territory through Beijing’s ongoing reclamation activities in the area.

The ICC noted that while the alleged crimes of Xi and other Chinese officials occurred in the Philippines’ exclusive economic zone (EEZ), it cannot be considered a territory of the state.

“Criminal conduct which takes place in the EEZ and continental shelf is thus in principle outside of the territory of a Coastal State… This circumstance is not altered by the fact that certain rights of the Coastal State are recognised in these areas,” it said.

Del Rosario and Carpio-Morales, however, said in a joint statement that the ICC’s report only strengthened their resolve, adding that the Prosecutor welcomes new facts and evidence to proceed with the case.

“Let them gloat in the meantime. This is just the beginning. Abangan,” Carpio-Morales said.

The ICC report stated that its findings may be reconsidered in light of new facts and evidence, which Del Rosario and Carpio-Morales vowed to provide. – RRD (with details from Correspondent Rosalie Coz)

MANILA, Philippines – Former Department of the Interior and Local Government (DILG) Secretary Mar Roxas and detained Senator Leila de Lima have broken their silence amid reports linking them to the controversial Good Conduct Time Allowance (GCTA) law.

Roxas and De Lima were among those who drafted the law’s implementing rules and regulations (IRR).

The Office of the Ombudsman has requested Roxas and De Lima to explain why the provisions concerning convicts of heinous crimes in relation to the GCTA privilege was not clarified in the IRR.

But the former Interior chief maintained that the IRR shouldn’t be blamed just because the law wasn’t properly implemented.

In a tweet, Roxas stressed that those who approved the convicts’ release order should face the questioning, not those who drafted the IRR.

He accused his critics of passing the buck because of the controversial law.

Nevertheless, Roxas vowed to appear and cooperate in the Ombudsman’s probe.

Meanwhile, De Lima expressed doubts over the intention behind the linking of her name to the GCTA issue when she has nothing to do with the controversy.

“I find this development highly irregular,” the lady senator said in a statement.

De Lima emphasized that the focus of the probe should be on whether or not the officials of the Bureau of Corrections (BuCor) followed the rules and reviewed the cases using the proper guidelines of releasing a convict under GCTA.

Roxas and De Lima were given three days to respond to the request of the Ombudsman.

Meanwhile, the Ombudsman has launched a fact-finding investigation to determine the alleged irregularities in the implementation of the GCTA law. — MNP (with reports from Joan Nano)

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